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HomeMy WebLinkAbout6.n. Danner Mieral Extraction Permit Renewal 4 ROSEtvlOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: March 18, 2008 AGENDA ITEM: Case 08 -02 -TA Danner Mineral Extraction AGENDA SECTION: Permit Renewal Consent PREPARED BY: Jason Lindahl, AICP AGENDA NO. Planner 6.n. ATTACHMENTS: 01 -22 -08 02 -26 -08 Planning Commission Excerpt Minutes, 2008 APPROVED BY: Conditions, Site Map, Phasing Plan, Final Grading and Reclamation Plan, Letter �C from Frank and Bet Knoll, Letter from G� Danner Inc. Certificate of Liability Insurance. RECOMMENDED ACTION: Motion to renew the Danner Mineral Extraction Permit for 2008, subject to conditions. SUMMARY Applicant Property Owner(s): Marlon L. Danner of Danner, Inc. Location: 4594 145` Street East 1.25 miles east of STH 52/56 and 1 /4 mile south of CSAH 42 Area in Acres: 75 Comp. Guide Plan Design: IM Industrial /Mixed Use and AG Agriculture Current Zoning: AG Agriculture Material removed in 2006: 30,000 Tons The applicant, Marlon Danner of Danner, Inc. requests renewal of the mineral extraction permit for the property located at 4594 145 Street East. This request is based upon the routine annual review and renewal of the current permit. This pit is currently in Phases One and Two. PLANNING COMMISSION ACTION The Planning Commission held public hearings to review this item on both January 22 and February 26 2008. Excerpt minutes from both meetings are attached for your reference. During the January 22 meeting, the Commission opened the public hearing and granted the applicant's request to continue this item until the February 26` meeting to allow more time to update their phasing and final grading and reclamation plans. The applicant completed these plans and was back before the Commission on February 26` While there was no public comment during either meeting, staff did receive one comment letter from Frank and Bet Knoll of 4322 145 Street East. This letter is attached for your reference. The Knolls are concerned with dust produced by the Danner pit which is located approximately 1 /4 mile from thew: home. Staff also checked police records and the Knoll's letter is the only comment regarding the Danner Pit in 2007. Staff recommends that the applicant follow their existing dust control plan to mitigate the dust issue as required by condition H of the 2008 permit. BACKGROUND In 2007, approximately 30,000 tons of aggregate material was extracted from Phases One and Two of the site. The applicant plans to extract approximately 40,500 tons of material from Phases One and Two of the site during 2008. The applicant's revised phasing and final grading and reclamation plans now conform to the phasing size standards required by ordinance as well as the grading plans for the neighboring Ped/Kuznia pit to the east operated by Solberg Aggregate Company. This request is subject to the conditions outlined in the attached permit. In addition to these specific conditions, all mineral extraction permits are subject to the general performance standards outlined in Section 11 -10 -4 of the zoning ordinance. Upon review of these standards, police records, and the information submitted by the applicant, staff recommends renewal of the Danner Mineral Extraction Permit 2008. RECOMMENDATION Motion to renew the Danner Mineral Extraction Permit for 2008, subject to conditions. 2 EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING JANUARY 22, 2008 5.a. Danner, Inc. Mineral Permit Renewal (08- 02 -ME). Planner Lindahl stated that the applicant, Marlon Danner of Danner Inc., requests renewal of the mineral extraction permit for his property on the south side of County Road 42, 1 1/4 miles east of U.S. Hwy. 52. This is a routine annual permit renewal as required by ordinance. During the review, staff noticed the applicant's phasing plan required updating. As a result, the applicant requests the Planning Commission open the public hearing and take any comment and then continue the hearing and this item to the February 26, 2008 meeting to allow time to revise their phasing plan. The public hearing was opened at 6:34p.m. There were no further public comments. MOTION by Howell to continue the public hearing to February 26, 2008. Second by Palda. Ayes: 3. Nays: None. Motion approved. EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING FEBRUARY 26, 2008 5.a. Danner, Inc. Mineral Permit Renewal (08- 02 -ME). Planner Lindahl stated that the applicant, Marlon Danner of Danner Inc., requested renewal of the mineral extraction permit for his property on the south side of County Road 42, 1 1/4 miles east of U.S. Hwy. 52. This is a routine annual permit renewal as required by ordinance. During the review, staff noticed the applicant's phasing plan required updating. As a result, the Planning Commission opened the public hearing at the regular meeting on January 22, 2008, and then continued the public hearing to the meeting on February 26, 2008, to allow the applicant to allow time to revise their phasing plan. The Applicant was not present. There were no further public comments. MOTION by Schwartz to close the public hearing. Second by Palda. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 6:35p.m. There was no additional discussion among the Commissioners. MOTION by Palda to recommend the City Council renew the Danner Mineral Extraction Permit for 2008, subject to: 1 Conformance with the attached 2008 Conditions for Mineral Extraction, including: a. Submission of an updated Surety Bond in the amount outlined in the attached 2008 Conditions for Mineral Extraction. Second by Howell. Ayes: 4. Nays: None. Motion approved. As follow -up, Planner Lindahl stated this item will go forward to the March 18, 2008, City Council meeting. Mineral Extraction Permit 2008 Conditions for Mineral Extraction Permit Renewal DANNER, INC. A Danner Inc., hereinafter referred to as the "Property Owner shall sign a written consent to these conditions binding itself and its successors or assigns to the conditions of said permit B The property Owner shall comply with all terms of this permit as well as the standards for mineral extraction listed in Section 11 -10 -04 of the City Code. C This permit is granted for the area designated as Phases One and Two on Exhibit A, Phasing Plan which is attached hereto as one of the exhibits. D The term of the permit shall extend from January 1, 2008 until December 31, 2008 unless revoked prior to that for failure to comply with the permit requirements. An Annual Mining Permit fee of 8370.00 shall be paid to the City of Rosemount E All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter "City or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits required under this paragraph shall be grounds for the City to terminate said mining permit F The final grading for the permit area shall be completed in accordance with the attached Final Grading and Reclamation Plan labeled Exhibit B, or as approved by the City Engineer, and any other conditions that may be imposed by the City from time to time. G All gravel trucks and other mining related traffic shall enter and exit the mining area from County State Aid Highway 42. It shall be the Property Owner's responsibility to obtain any access permits or easements necessary for ingress and egress. The location of the accesses and /or easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department if any changes occur relative to the mining process. H A plan for dust control shall be submitted to and subject to approval by the City. The Property Owner shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Property Owner has received 24 -hour verbal notice, the City may complete or contract to complete the clean up at the Property Owner's expense. In the event of a traffic hazard as determined by the Public Works Director or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Property Owner's expense without prior notification. I The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property. J No topsoil shall be removed from the site and the Property Owner shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on Exhibit A the Phasing Plan. K Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property Owner. 1 L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. M The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., subject, however, to being changed by the City Council. N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00 /acre) of active phase in favor of the City for the cost of restoration, regrading and /or revegetating land disturbed by mining activities and to assure compliance with these conditions by the Property Owner. The required surety bonds must be: (1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days written notice to the permit holder and the City. (2) Satisfactory to the City Attorney in form and substance. (3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Engineer, or any other City officials. (4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all daims, or for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Property Owner. (5) The surety bond or cash escrow shall remain in effect from January 1, 2008 to July 31, 2009. Upon thirty (30) days notice to the permit holder and surety company, the City may reduce or increase the amount of the bond or cash escrow during the term of this permit in order to insure that the City is adequately protected. O. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and no /100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury liability in an amount of at least One Million and no /100 ($1,000,000.00) Dollars and property damage liability in an amount of at least Two Hundred Fifty Thousand and no /100 ($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from January 1, 2008 to July 31, 2009. P. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction debris, manure, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited. Q. The Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Owuer shall indemnify the City for all costs, damages or expenses, induding but not limited to attorney's fees that the City may pay or incur in consequence of such claims. R. The Property Owner shall comply with such other requirements of the City Council as it shall from time to time deem proper and necessary for the protection of the citizens and general welfare of the community. S. Complete mining and reclamation is required in all phases before any additional mining is authorized. Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner 2 shall submit to the City semiannually a written report indicating the amount of material extracted from the site for the prior six -month period. T. The Property Owner shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency. U. The Property Owner must have a copy of the Dakota County Soil and Water Conservation District mining application completed and on file with the City of Rosemount Planning Department prior to the approval of the Mineral Extraction Permit. V. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and mulching necessary to re- establish vegetative cover for permanent slope stabilization and erosion control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). W. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. X. All recycling must be completed with the completion of the current phase and materials removed from the site. No recycling processes shall be allowed to continue into subsequent phases. Y. The Property Owner may not assign this permit without written approval of the City. The Property Owner will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the City of termination and surrenders the permit to the City. The Property Owner shall identify all Operators prior to their commencement of mineral extraction related activities in the pit area. The City shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit. Z. The Property Owner shall install and maintain a "stock" gate (or equivalent) at the entrance to the property where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not in use. 3 That Danner, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit. IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this day of 2008. DANNER, INC. BY: Its: Property Owner STATE OF MINNESOTA S COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2008, by on behalf of Danner, Inc., Property Owner. Notary Public 4 1 H p Z a {i{ 1! ti l Q m M 661 3 d3 iii'�, p O a ll i iI W a o a i:11,1iil;ii I9 M X z L r, "gill 1 a. Q 1 1j' r, Q p I I I I I till 6y9 1 2 1 I-; j r 08 j pU� U pU p j r 1:41:41110. 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Danner (Danner, Inc.) PURPOSE: To hear comment relative to the application by Marlon L. Danner (Danner, Inc.) for a Mineral Extraction Permit Renewals for 2008. LOCATION OF PROPERTY: South of County Road 42, East of Highway 52. The west 85 acres of the SW' /4 of Section 29, Township 115, Range 18, exc. The north 75 rods of the west 21 1/3 thereof. MEETING: 6:30 p.m., Tuesday, January 22, 2008 PLACE OF HEARING: City Council Chambers 2875 145 St. West Rosemount, MN 55068 How TO PARTICIPATE: 1. Attend hearing and comment. 2. Send a letter before the hearing to the Planning Commission 2875 145 St. W., Rosemount, MN 55068 ANY QUESTIONS: Please call the Planning Department at (651) 322 -2051 d 6"A-. /3 6 1- (Map located on back) x_ Ct /TL A cfyzn-euv-efic_ A-- k —•w� U 1 1 e SPIRIT OF PRIDE AND PR Rosemount City Hall 2875 145th Street West Rosemount, MN 55068 -4997 651-423-4411 TDD /TTY 651-423-6219 Fax 651-423-5203 www.ci.rosemount.mn.us 1 '?•••...?2,:;;;,,*:,..•••••:-...::::..,•-•••:.•.:,..:',.:,.'.''..'•:-....:',',.:::::,..'....,;:,',......--":.1,44:.'.*:?•,*-:•::-:',.:.01:-•:•:::-...-;,..i' ••••••-;:•,..;...*•::::::.••••;•:;.::::::::::r•:•-:,::;•;..•:;::..---:••••••..:....-.:*; ....e:' ;24? OP ID BL DATE (MM/DD/YYYY) ACORD. CERTIFICAT' LIABILITY INSURAN( 7 DANNE_1 02/14/08 tODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ark Bloom ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE orthern Capital Insurance Gp HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR .0. Box 9396 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. inneapolis MN 55440 -9396 NAIC# .hone:952- 996 -8818 Fax:952- 829 -0482 INSURERS AFFORDING COVERAGE SURED INSURER A: General Casualty of Wisconsin 24414 INSURER B: Danner Inc. INSURER C: Marlon Danner 843 Hardman Avenue South INSURER D: South St. Paul MN 55075 INSURER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iK AUU'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS rR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MMIDD/YY) EACH OCCURRENCE $1,000,000 GENERAL LIABILITY UAMAGt I U RtN I CU X COMMERCIAL GENERAL LIABILITY CCI 0564249 0 7/01/07 07/01/0 PREMISES (Ea occurence) 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) 5,000 X Includes XCU'r PERSONAL ADV INJURY 1,000,000 X Contractual GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG 2,000,000 n POLICY I° I JEC n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 1 X ANY AUTO CBA056424600 07/01/07 07/01/08 (Ea accident) ALL OWNED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $4,000,000 A )-il OCCUR CLAIMS MADE CCI0564249 07/01/07 07/01/08 AGGREGATE 4,000,000 DEDUCTIBLE S X RETENTION $ZO,000 W 51A1U UIH- WORKERS COMPENSATION AND X IT OR Y L IMITS I I ER EMPLOYERS' LIABILITY CWCO591846 01/01/08 01/01/09 E.L. EACH ACCIDENT 500 000 A ANY CR IETO /EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE EAEMPLOYE1 500, 000 S If PEC yes, de IAL scribe PROV u ISIO nder NS below E.L OTHER A AUTO PHY DAMAGE CCI0564249 07/01/07 07/01/08 Comp. Ded $250 07 07/01/08 Coll. Ded $1000 07 01 A EQUIPMENT FLOATER CCI0564249 )ESCRIPTION OF OPERATIONS LOCATIONS VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS City of Rosemount is listed as an additional insured on the general liability insurance with respects to project: Mining Permit for Danner's 42 Pit CERTIFICATE HOLDER CANCELLATION ROSCI -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City o f RO s emOUnt NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn:' Rick Pearson IMPOSE N 9 BLIGATION OR LIA IUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2875 145th St W REP E. r' Rosemount MN 55068 ApiCOR a ie Mar Bloom ACORD 25 (2001!08) ©ACORD CORPORATION 1988